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What happens when we receive a complaint?
Staff will first review the complaint, determine if the subject is a
licensee, and acknowledge the complaint. It will sometimes also be reviewed
with the Board president or a Board member.
If the subject is a licensee, and the issue is more than a fee dispute, a
copy of the complaint may be sent to the licensee, who would be invited to
respond. The response would be reviewed with the Board president; and further
information could be requested if necessary. The Board would review the
complaint and the response, and take one of various possible actions, such
as: close the case, gather additional information, offer a consent agreement,
refer the matter to an investigator, or set a hearing. When a matter is
closed, Board staff would notify the complainant and licensee.
If the subject of a complaint is not a licensee, the Board would still be
notified, but the case would generally be closed, and the complainant
notified, unless it were a matter such as the illegal use of terms such as
"accounting". In these situations, the subject generally completes
a "sign-off" declaration indicating that they will make appropriate
changes in their advertising material in a timely manner. If the subject were
to refuse to comply with applicable law, legal action would likely be the next
step.
If a complaint is essentially a fee dispute, it would be brought to the
Board, but would generally be closed without action, and the complainant
would be notified.
Complaints generally must be in writing for the Board to take action,
however, the Board members are made aware of unwritten complaints.
A letter of complaint can be sent to NDSBA, 2701 S. Columbia Rd., Grand
Forks, ND 58201, or emailed to: ndsba@nd.gov.
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